Am i entitled to my unused PTO upon departure?

I worked and live in PA for a company based out of NY and have unused PTO. Are they required to still pay me for the PTO they did not allow me to take?

Asked on January 14, 2018 under Employment Labor Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether or not you are to be paid PTO upon leaving your employer, depends on the law of the state in which you worked. In PA, a deparing employee is not entitled to earned but unused PTO unless it is their employer's policy to pay it or it is to be paid under the terms of a union agreement or employment contract.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In your listed state (Pennsylvania), an employer only has to pay an employee for accrued but unused vacation time or PTO when employment ends if the employer had a clear policy (e.g. one in a written employee handbook) stating that it paid out unused time, or the employee had a written contract guarantying this payment. Without a clear policy or a contract, the employee does not have to pay for unused PTO.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.